Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-09
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Who're papers have once been fled with the
Register and Receiver they become . part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land ONCE.
An application will be rejected when the
scription Of the premises Is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
second-The notice was not published in q
newspaper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending . suit In Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries of the claim.
Where the claim was not located In sccord-
ance with law.
Where several parties own separate and dis
tinct portions Of q claim, application for
patent may be made by either for tn at portion
OF the claim owned by him; but where so5eral
parties own undivided interests in mining
claim all should join In an application for 4
patent.
A person or association may purchase as
many placer locations AZ the local law sdmits,
and embrace them sll In one application for a
patent.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to oct ss a deputy for the Register and Re-
ceiver cannot be recorded 81 evidences.
In ell patents for mining claims situated
within the interior boundaries OF q town site
Q clause Is inserted Excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal I'm
proyements not belonging TO the grantee here
in, and all rights necessary or proper to the
occupation. possession and enjoyment OF the
same"
publication Of notice must be made a only
one newspaper for the period Of so days,
Notice must be published 10 consecutive
weeks IN weekly newspapers, and in daily
newspapers so days must elapse between the
first and last insertions.
Where the Register esignAtes the daily issue
of 9 newspaper fer publication Of notices Of q
mining application for patent il Is not q COM
piiance with law 70 change TO the weekly edi-
zion OF the same paper without authority Of
the Register.
The existence OF a salt spring on 9 tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
Ob8 Va eAth anu IN nOt VI Lkuu
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once fled
cannot be Withdrawn, but becomes a part OF the
record.
When an adverse claim has been nIed II can.
not be amended so as to embrace q larger DOR.
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made ont In
proper form and hled In the proper local off &C
during the period Of publication Of the sppli-
cation for the patent 20 be effective.
IL Is the duty OF the adverse claimant o
suit in proper form within the re-
quired time, and II he trusts ihe uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue, through mlsfortune or accident. Should
the failure TO suit be the result of
the corruptor dishonest action OF his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions Of law, without stating the
dence.
An adverse claimant, should show a compli.
ance with the local laws in recording his claim
and in regard to expenditures. aud shall file q
copy OF the original notice OF his location, and
show the nature or extent of the conflict
alleged.
An allegation OF parties to q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LAsps.
Where land is of little. II any value, for asri.
cultural purposes, but 10 essential 10 The
proper development Of mining claims. n
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be cancelled a, apy time
prior TO issuance OF patent, upon satisfactory
evidence OF the existence Of such valuable de-
posts. W.
Where valuable deposits of mineral are ata.
covered upon q tract after the Same ,as been
entered as agricultural, but before l tent has
been issued, the parties claiming the mine
may make application for patent for same,
that portion of the land embraced bv ssis
mining claim.
Where mineral deposits are discovered IN
agricultural lands after the patent has been
.ssuea 70 an agricultural claimant. they pass
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS,
"A foreigner may make q mining location
dispose OF 1t. provided he becomes A oitizen
before disposing OF the mine. Proof that the
party was not q citizen before dispoalng Of his
claim must be aflrmatively shown.
Locators and intermediate owners. other
than applicants, will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent.
The portion of a mining claim soid 20 an
alien cannot be patented while such owner h
an alien; but on his declsrationi 0 become a
citizen his right dates back to his purchase,
patent for his claim.
CROSS LEDaEs.
revised Statutes. Section 2.336:
where TWO or more lodges cross or intersect
eecn otner, priority OF title shall govern, and
sucn prior location shall be entitled to all ore
or minerai contained within the space of inter.
section, but the subsequent location shall have
the right OK way through the space Of inter
section for the purpose Of the convenient
working OF the mine. And where two or more
UAtn0 mite